SAMUEL RIVERA, A/K/A TONY EL ENFERMO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SAMUEL RIVERA, A/K/A TONY EL ENFERMO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
526 So. 2d 1046
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Also reported at: 2021 WL 5875469
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant was convicted of first-degree murder and armed robbery and sentenced thereon to life imprisonment and a term of 134 years on the respective convictions. We affirm the convictions. See Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985). However, as the State concedes, the sentence of 134 years of imprisonment for armed robbery, which departs from the recommended guideline sentence, is not supported by valid reasons. Accordingly, this sentence is reversed with directions to impose a sentence on the armed robbery conviction within the range of the recommended guideline.
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rivera v. State, 229 So. 3d 401 (Fla. 3d DCA 2017)…armed robbery, His conviction, and life sentence on the- first degree murder count were upheld on direct appeal,' although his sentence for armed, robbery was reversed by this Court with an order to re-sentence Rivera on this count. Rivera v. State, 526 So. 2d 1046 (Fla. 3d DCA 1988). The trial court re-sentenced Rivera in 1989. Since then, Rivera has filed twelve post-conviction appeals and petitions with this Court.1 After Rivera filed similar motions and petitions in the circuit court, the circuit court iss…
-
Rivera v. Dixon (Fla. 2022)
Authorities Cited
- Oregon v. Elstad, 470 U.S. 298 (U.S. 1985)